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Practice question: Suppletory Application of the Revised Penal Code

Multiple Choice Medium Jurisprudence

Practice question

A special penal law expressly fixes the punishment for a completed offense. A litigant invokes Article 10 solely to substitute a different RPC punishment contrary to that express scheme. Is the argument sound?
  1. Yes, supplementary always means overriding.
  2. Yes, if the litigant prefers the substituted penalty.
  3. Yes, because special laws are not legislation.
  4. No; the Code’s supplementary role does not authorize disregarding the controlling express special-law provision.
  5. No, because no RPC provision can ever supplement any special law.

Legal references

  • Revised Penal Code, Act No. 3815, specified articles, as amended: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426; Articles 8 and 10.
  • Ladonga v People, G.R. No. 141066, February 17, 2005, main decision, Article 10 and proof of conspiracy: https://lawphil.net/judjuris/juri2005/feb2005/gr_141066_2005.html

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